[HISTORY: Adopted by the Township Council of the Township
of College as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-21-2012 by Ord. No. O-12-01; amended 12-3-2020 by Ord. No. O-20-09]
This article shall be known and may be cited as the "College
Township Residential Rental Ordinance."
[Amended 9-7-2023 by Ord. No. O-23-06]
A.
This article is intended to protect the distinctive qualities of
single-family neighborhoods and the availability of affordable housing
within College Township through the regulation of two types of residential
usages: short-term rentals and long-term rentals.
B.
This article will hereby:
(1)
Establish the regulations, procedures and standards for the review
and approval of all short-term and long-term residential rental units
in the Township;
(2)
Preserve and foster the public health, safety, and general welfare,
and aid in the harmonious and orderly development of the Township
in accordance with the Regional Comprehensive Plan;
(3)
Establish a review process that is efficient in terms of time and
expense, effective in addressing the impacts of rental units, and
equitable with regard to regulations and procedures, while respecting
the rights of property owners;
(4)
Ensure the safety of structures that are used as either short-term
or long-term rentals and the well-being and safety of residents and
visitors in these dwellings; penalties are established for any violations
of this article;
(5)
Prioritize fairness, protect the rights and interests of all involved
parties, including the ability to operate short-term and long-term
rentals as specified in this article, and allow for accessory dwelling
units; and
(6)
Promote transparency and accountability in the enforcement of the
article.
No person, firm, or corporation shall rent or lease to another,
or advertise for rent or lease, or provide for residential occupancy,
any dwelling unit, rooming unit, or portion thereof, until the regulations
contained herein have been met and a residential rental permit has
been received.
Unless a contrary intention clearly appears, the following words and phrases shall have the meaning given in this section, as well as those terms defined in Chapter 152, Property Maintenance Code. All words and terms not defined herein shall be used with meaning of standard usage.
A national resource for information regarding the cleaning
and sanitizing of areas to prevent the spread of diseases that arise.
A licensee who has been assigned by a principal or supervising
broker to represent a client while a different client in the same
transaction is represented by another licensee affiliated with the
same principal or supervising broker in a transaction. A designated
agent provides full representation to his or her client. Also named,
person-in-charge or responsible party.
Any dwelling unit, or portion thereof, that is offered for
rent or lease as a living facility in increments of 15 or more consecutive
nights.
[Amended 9-7-2023 by Ord. No. O-23-06]
The owner does not occupy the property, as the principal
residence.
Lived in by the owner. Owner of the property occupies the
dwelling as the principal residence.
The current guidelines set forth by the PA Department of
Health (DOH) for cleaning, sanitizing, and disinfecting standards.
Compensation paid for the use of a dwelling unit or portion
thereof, including, but not necessarily limited to: money, services
and/or property. As a verb, the term "rent" means to get or give the
use of a dwelling unit or portion thereof in return for such compensation
or any combination thereof. The term "rent" does not include arrangements
where there is no compensation such as but not limited to money, services,
and/or property provided.
Any dwelling unit, or portion thereof, that is offered for
rent or lease as a living facility in increments of 14 consecutive
nights or less, and no more than 45 nights per calendar year.
Fees for permits required under the provisions of this article
shall be set by resolution of the Township Council.[1]
All property owners renting or leasing a dwelling unit or portion
thereof for occupancy in the Township, including short-term residential
rentals, shall obtain and maintain minimum insurance coverage as indicated
below.
A.
General liability insurance in the amount of $100,000 in minimum
coverage;
B.
Insurance declaration shall clearly indicate coverage specifically
for rental or include written acknowledgement of same from insurance
provider.
C.
Applicant shall notify the Township of any changes in insurance policies.
A.
No person, firm, or corporation shall rent for any duration of time
or advertise for rent without first applying for and receiving a residential
rental permit from College Township.
B.
Residential rental permits are not transferable upon change of ownership.
An updated application for a residential rental permit shall be received
from the new owner/applicant each time there is a change in ownership
of any residential rental.
C.
The College Township Zoning Officer shall approve or deny any application
for a residential rental permit within 30 days of receipt of a complete
application.
Applications for residential rental permits shall be made in
writing to the College Township Zoning Office by the owner of the
rental dwelling unit(s) or his/her designated agent. The application
shall include:
A.
The name, address, and telephone number of the dwelling owner, the
owning partners, if a partnership; and/or that of the corporate officers,
if a corporation;
B.
The name, address, and telephone number of the person in charge,
C.
The legal address of the dwelling;
E.
A visual representation of the property showing the dimensions of required off-street parking being provided as defined by § 200-11D;
F.
Proof of insurance. The applicant shall provide a copy of the insurance certificate for the residential rental dwelling unit(s), as required in § 160-6;
G.
A signed statement (provided as part of the application) acknowledging
that the owner is aware of all rules and regulations contained herein
and that failure to follow said requirements may result in the denial
of the residential rental permit for the affected property;
I.
Application and permit fees are due on submission.
Upon receiving a long-term residential rental permit from the Township and Centre Region Code Administration, the owner of a residential rental property shall continue to renew the Centre Region Code residential rental Permit as per Chapter 152, Property Maintenance and Fire Code. In addition, owner(s) of residential rental properties shall also be responsible for submitting the following additional information to College Township if any of the following occur:
A.
The owner of a residential rental shall be required to provide information
regarding any changes to the items provided to the College Township
Zoning Office at the time of initial application for the residential
rental Permit;
C.
Failure to maintain rental inspections through Centre Region Code
Administration will be cause for denial of renewal.
A.
Short-term residential rentals shall be owner occupied. Short-term
rentals shall operate in increments of 14 consecutive nights or less,
and no more than 45 cumulative nights per calendar year.
B.
Permits for nonowner-occupied short-term rentals granted prior to
the official date of the enactment of this article, December 7, 2020,
shall remain nonconforming until such time as there is an official
change in ownership. Failure to maintain short-term rental status
shall constitute abandonment of the nonconforming use.
C.
The occupancy of a short-term residential rental dwelling may exceed the occupancy restrictions listed in § 200-11Z on the condition that the overall occupancy will not exceed that listed in Chapter 152, Property Maintenance and Fire Code, § 401, Occupancy Limitations, as amended. A short-term residential rental may not advertise an occupancy greater than that established by Centre Region Code based on Chapter 152, Property Maintenance and Fire Code.
D.
Short-term residential rental permits shall be renewed annually by
providing the following prior to reissuance of a rental permit:
(1)
Proof of insurance specifically for rental;
(2)
Proof of registration for hotel tax;
(3)
Phone number and name of responsible party available 24/7; and
(4)
Record of all dates the dwelling was used in the previous year as
a short-term rental property. Failure to provide accurate records
or providing fraudulent records will constitute the first violation
of the renewal period.
(5)
In addition to the declared short-term rental dates, property owners
are required to keep a detailed schedule/calendar that provides all
rental periods that include extended stays beyond 14 consecutive nights.
The schedule must be available for inspection upon request.
E.
To operate as a short-term residential rental, the following conditions
shall apply:
(1)
Guest vehicles shall not park on public street or shared private
street but shall be parked wholly on the rental property;
(2)
Maximum allowable occupancy shall be clearly posted on the property;
(3)
Information such as rules, nuisance ordinances, parking restrictions,
maximum occupancy, phone number for police/fire/EMS, and responsible
party shall be clearly posted in a conspicuous place in additional
to any other rules; and
(4)
Residential rental permit shall be clearly posted on the property.
G.
All parties operating a short-term residential rental must participate,
upon request, in random audits requested by College Township or their
monitoring company. Failure to comply shall result in revocation of
the rental permit.
H.
All parties operating a short-term residential rental shall follow
the cleaning and sanitation guidelines set forth by the PA Department
of Health and/or the Centre for Disease Control and Prevention.
A.
Revocation. Any owner of a property covered by this article shall be subject to the provisions of §§ 804 to 806 of Chapter 152, Property Maintenance and Fire Code, which may result in the revocation or suspension of a residential rental permit pursuant to the above referenced code.
B.
Violations. Any residential rental property owner of a dwelling unit
or portion thereof who rents or advertises for rental of a dwelling
unit without first receiving a residential rental permit pursuant
to this article, or without renewing said permit pursuant to renewal
sections of this article shall be considered to be in violation of
this article and shall be subject to the following.
(1)
Upon discovery of a violation of this article, the Township shall
notify the property owner of the violation by written notice sent
certified mail or delivered in person. If delivered in person, a signature
of receipt shall be obtained.
(2)
The property owner who is in violation of this article shall be given
30 days to remedy the violation by applying for or renewing the residential
rental permit with the Township.
C.
Violations and penalties for short-term rentals. Any violations of
criminal laws, nuisance laws, or ordinances in any calendar year/permit
cycle shall result in penalties and/or fines.[2]
D.
Any person so convicted shall have the right of appeal as provided
in other cases of summary convictions under the laws of the Commonwealth
of Pennsylvania.
